WSR 07-03-018

PROPOSED RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Filed January 5, 2007, 9:13 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 06-23-005.

Title of Rule and Other Identifying Information: WAC 220-56-175 Catch record cards.

Hearing Location(s): Comfort In [Inn] and Conference Center, 1620 74th Avenue S.W., Tumwater, WA, on March 9-10, 2007, begins 8:30 a.m. on March 8, 2007.

Date of Intended Adoption: April 6, 2007.

Submit Written Comments to: Rules Coordinator, 600 Capitol Way, Olympia, WA 98501-1091, e-mail preuslmp@dfw.wa.gov, fax (360) 902-2155, by March 7, 2007.

Assistance for Persons with Disabilities: Contact Nancy Burkhart by February 23, 2007, TTY (360) 902-2207 or (360) 902-2267.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Provides for crab harvester time frame reporting requirements and locations of reporting, as printed on the crab catch record card. The purpose is to streamline the harvest reporting process and provide greater flexibility of reporting to the individual harvesters.

Reasons Supporting Proposal: Provides increased capability to provide reliable and timely Puget Sound recreational crab catch statistics.

Statutory Authority for Adoption: RCW 77.12.047.

Statute Being Implemented: RCW 77.12.047.

Rule is not necessitated by federal law, federal or state court decision.

Name of Proponent: Department of fish and wildlife, governmental.

Name of Agency Personnel Responsible for Drafting: Morris W. Barker, 1111 Washington Street, Olympia, (360) 902-2826; Implementation: Lew Atkins, 1111 Washington Street, Olympia, (360) 902-2651; and Enforcement: Bruce Bjork, 1111 Washington Street, Olympia, (360) 902-2373.

No small business economic impact statement has been prepared under chapter 19.85 RCW. These rules do not regulate small businesses. These regulations only affect recreational crab fishers.

A cost-benefit analysis is not required under RCW 34.05.328. These rule proposals do not affect hydraulics.

January 5, 2007

Loreva M. Preuss

Rules Coordinator

OTS-9367.1


AMENDATORY SECTION(Amending Order 06-262, filed 10/9/06, effective 11/9/06)

WAC 220-56-175   Catch record cards.   It is unlawful for any person to fail to comply with the catch record requirements as provided for in this section:

(1) In order to fish for or possess for personal use any crab in Catch Record Card Area 4 east of the Bonilla-Tatoosh Line and in Catch Record Card Areas 5-13, anadromous salmon, sturgeon, halibut, or steelhead, an angler must obtain and have in personal possession a valid appropriate catch record card as described in WAC 220-69-236 except for commercially caught salmon retained for personal use as provided for in WAC 220-20-016 and commercially caught sturgeon retained for personal use as provided for in WAC 220-20-021. Notwithstanding the provisions of this subsection, a catch record card is not required for landlocked steelhead or for salmon in waters designated as "landlocked salmon rules apply" in WAC 232-28-619.

(2) Any angler, after obtaining a catch record card shall validate the catch record card by completely, accurately, and legibly completing all personal identification information in ink on the catch record card prior to detaching the catch record card from the underlying copy of the catch record card or, for automated licenses, affixing the appropriate validation sticker to the catch record card. A catch record card remains valid so long as there are one or more unfilled spaces available for the species being fished for, except:

(a) In the mainstem Columbia River downstream from where the river forms the common boundary between Oregon and Washington for sturgeon a catch record card remains valid when the sturgeon portion of the catch record card is filled. A person may not retain sturgeon after the sturgeon portion of the catch record card is filled.

(b) A second or subsequent catch record card is invalid for retention of sturgeon.

(3) Immediately upon catching and possessing a salmon, steelhead, sturgeon or halibut, the angler shall enter in ink in the appropriate space the place, date of catch, species (catch type), for sturgeon, length, for halibut, vessel type and for salmon, whether or not the fish was marked.

(4) Immediately upon retaining a Dungeness crab aboard a vessel or on the shore, the fisher must enter in ink in the appropriate space the place and date of catch, fishery type and enter a tally mark for each Dungeness crab retained from each catch record card area fished. At the end of the fishing day, the fisher shall enter the total number of crab tally marks for each fishery type.

(5) Every person possessing a catch record card shall by April 30 of the year following the year printed on the card return such card to the department of fish and wildlife except as follows: Every person possessing Puget Sound crab catch record cards shall return such cards to the department of fish and wildlife no later than the required return dates printed on the catch cards or report their card information on the internet site designated on the card.

(6) Any person possessing a catch record card shall, upon demand of any law enforcement officer or authorized department employee, exhibit said card to such officer or employee for inspection.

(7) A catch record card shall not be transferred, borrowed, altered, or loaned to another person.

[Statutory Authority: RCW 77.12.047. 06-21-031 (Order 06-262), 220-56-175, filed 10/9/06, effective 11/9/06; 06-13-023 (Order 06-135), 220-56-175, filed 6/13/06, effective 7/14/06; 06-05-085 (Order 06-23), 220-56-175, filed 2/14/06, effective 5/1/06; 04-10-033 (Order 04-91), 220-56-175, filed 4/29/04, effective 5/30/04; 03-05-057 (Order 03-24), 220-56-175, filed 2/14/03, effective 5/1/03; 01-06-036 (Order 01-24), 220-56-175, filed 3/5/01, effective 5/1/01. Statutory Authority: RCW 77.32.050. 00-11-178 (Order 00-80), 220-56-175, filed 5/24/00, effective 6/24/00. Statutory Authority: RCW 75.08.080, 77.12.040. 00-08-038 (Order 00-29), 220-56-175, filed 3/29/00, effective 5/1/00; 99-17-066 (Order 99-125), 220-56-175, filed 8/13/99, effective 4/1/00. Statutory Authority: RCW 75.08.080. 91-08-054 (Order 91-13), 220-56-175, filed 4/2/91, effective 5/3/91; 90-06-026, 220-56-175, filed 2/28/90, effective 3/31/90; 89-07-071 (Order 89-05), 220-56-175, filed 3/20/89; 88-05-002 (Order 88-03), 220-56-175, filed 2/4/88; 85-11-020 (Order 85-43), 220-56-175, filed 5/10/85; 80-03-064 (Order 80-12), 220-56-175, filed 2/27/80, effective 4/1/80. Formerly WAC 220-56-023.]

Washington State Code Reviser's Office